DUI

The “No Driving Defense” in Colorado DUI Cases

One essential element of a Colorado DUI charge is that the prosecution must prove that you were actually driving. The “no driving defense” asserts that the state has no DUI case without evidence of you driving, even if you were under the influence. This defense applies, for example, when you were found outside a vehicle …

What if I get a DUI in Colorado but I’m from out-of-state?

DUI in Colorado & Out-of-State Residents – A GuideWatch this video on YouTube If you are from out of state and you pick up a DUI or DWAI in Colorado, you will generally face the same criminal penalties and driver’s license suspensions as Colorado residents do. You need to come back to Colorado for all your court …

4th DUI in Nevada – Laws, Penalties & Best Defenses

What happens if I get a 4th time DUI in Nevada?Watch this video on YouTube In Nevada, a fourth-offense DUI is a category B felony punishable by 2 to 15 years in prison, $2,000 to $5,000 in fines, and a three-year driver’s license suspension. Moreover, the judge is precluded from granting probation in lieu of …

Why Hiring a DUI Lawyer in Orange County Matters

Driving Under the Influence (DUI) is one of the most common offenses in California, but the consequences are severe, especially in the strict district of Orange County. Whether you’ve been arrested for a first-time DUI or you’re facing felony charges, a skilled DUI lawyer in Orange County can make a significant difference in the outcome …

“DMV Hearings” in Colorado DUI Cases – How it Works

DMV Hearings in DUI Cases: Can I Win?Watch this video on YouTube After a DUI arrest in Colorado, you are entitled to a DMV hearing (also called an “express consent hearing“). This is an administrative trial where you can fight the state’s decision to revoke your driver’s license. The DMV hearing is an entirely separate …

California Vehicle Code § 2814.2 VC – Sobriety Checkpoint Inspections

Vehicle Code § 2814.2 requires all drivers in California to stop when going through a sobriety checkpoint and submit to a DUI inspection. If your only violation is driving without a license, the police will not impound your vehicle as long as you have the permission of the registered owner to drive it. The full text …

“Auto-Brewery” Syndrome as a Defense in Nevada DUI Cases

“Auto-brewery” syndrome (ABS), also known as gut fermentation syndrome, is a rare medical condition in which a person’s digestive system produces its own ethanol. The technical term for this is “endogenous fermentation.” Ethanol is the type of alcohol found in alcoholic beverages. It is also referred to as ethyl alcohol. If you were arrested for …

ARS § 5-395 – Operating Under the Influence (OUI) in Arizona – Other Vehicles, Boats, Watercrafts, Water Skis

ARS § 5-395 is the Arizona statute that makes it a crime to operate a motorized watercraft while under the influence of alcohol/drugs or with a blood alcohol concentration (BAC) of .08% or higher. The offense is often called operating under the influence or “OUI.” A violation of the law is a Class 1 misdemeanor …

Impaired Driving with Criminal Speed Violations in Arizona

Under Arizona law, people are guilty of impaired driving with criminal speed violations if they drive at an excessive speed while under the influence of drugs and/or alcohol. Drivers in this scenario can get charged with DUI per ARS 28-1381A1 and also driving at an excessive speed per ARS 28-701.02 and/or extreme DUI per ARS …

DUI Charged With Reckless Driving in Arizona

Under Arizona law, people are guilty of impaired and reckless driving if they drive recklessly or aggressively while under the influence of drugs and/or alcohol. Drivers in this scenario can get charged with DUI per ARS 28-1381A1 and also reckless driving per ARS 28-693, aggressive driving per ARS 28-695, and/or extreme DUI per ARS 28-1382. …

DUI Involving Property Damage in Arizona

Under Arizona law, people commit DUI involving property damage if they damage another auto or a street fixture while driving drunk or under the influence of alcohol and/or drugs. Drivers in this scenario can get charged with misdemeanor hit and run per ARS 28-662 or striking fixtures on a highway per ARS 28-665. Depending on …

DUI With Hit and Run (Leaving the Scene of an Accident) in Arizona

Under Arizona law, people commit DUI hit and run, or leaving the scene of an accident, if they fail to stop their vehicle after getting into a motor vehicle accident while driving intoxicated. Drivers in this scenario can get charged with DUI per ARS 28-1381A1, hit and run per ARS 28-661 or ARS 28-662, and …

§ 23550 VC – 4th Time DUI in California

Vehicle Code § 23550 VC is the California statute making it a crime to get a fourth DUI within ten years. It does not matter whether the prior drunk driving convictions occurred in California or another state. The language of Vehicle Code 23550 states: (a) If a person is convicted of a violation of Section 23152 …

What is a “Victim Impact Panel” in a California DUI Case?

A victim impact panel, or VIP, is a meeting where a person convicted of a DUI in California is ordered to listen to DUI victims (usually three to four) speak about how a drunk driving event has affected their lives, or the lives of their loved ones. The panelist victims discuss a DUI incident with …

“DUI of Vicodin” – Laws & Penalties in Nevada

DUI of Vicodin is a crime in Nevada, even if the drug was lawfully prescribed. That said, it is not enough for the prosecutor to show that you had some Vicodin in your system. The state must prove that the drug impaired your ability to drive safely. The law in Nevada can be found in …

DUI of Sleeping Pills in Nevada – Law & Penalties

Las Vegas DUI laws do not just pertain to drinking alcohol and driving, or driving under the influence of illicit drugs. You can also be charged with DUI in Nevada for operating a vehicle after having taken legal sleep medication such as Ambien and Lunesta. You can even face charges if you have a lawful …

“Flying Under the Influence” (FUI) Laws in Nevada

What is "flying under the influence" in Nevada? Can I go to jail? Laws & penaltiesWatch this video on YouTube Drunk flying can be an even more serious crime than drunk driving. Flying under the influence (FUI) laws in Nevada are largely set forth in Federal Regulations. According to these laws, it is illegal for …

The “No Driving” Defense to a Nevada DUI Charge

The "No Driving" Defense & Nevada DUI – A Defense Lawyer ExplainsWatch this video on YouTube You are not guilty of a driving under the influence (DUI) charge unless you were driving a motor vehicle. In court or during a DUI jury trial, a prosecutor has to prove beyond a reasonable doubt that you were …

Can I visit Canada if I have a DUI?

Updated March 15, 2022 Can't enter Canada after a DUI conviction?Watch this video on YouTube Under Canadian law, the government can deny you entry into Canada if you have even a single DUI conviction on your record. The same holds true if you have a “wet reckless” DUI plea bargain on your record. This denied …

DUI Process – A Roadmap of How The Court & DMV Work

The DUI Court Process in CaliforniaWatch this video on YouTube California’s DUI court process proceeds from your arrest to the arraignment to pretrial conferences to finally a trial. At the same time, you are entitled to a DMV hearing to contest your license suspension. Many defendants plead to DUI with no jail time or – …

Out-of-State Drivers Who Get a DUI in California

Out of State Drivers w/ a DUI in California?Watch this video on YouTube If you are an out-of-state driver, you can get arrested in California for DUI if you drive under the influence of alcohol or with a blood alcohol concentration (BAC) of .08% or greater. Criminal charges can result in consequences in both California …

§ 23153(a) VC – “DUI Causing Injury” – California Law

DUI Causing Injury — 4 Factors that Could Lead to a Longer Prison SentenceWatch this video on YouTube Vehicle Code § 23153 VC sets forth the California crime of DUI causing injury. You commit this offense if you drive a motor vehicle while under the influence of alcohol and/or drugs, and while doing so, cause …

Can I Get Busted for DUI in Nevada for Driving Under the Influence of My Prescription Meds?

Yes. Driving while impaired from any medication qualifies as DUI in Nevada. Nevada DUI Laws prohibit not only drunk driving but also drugged driving. It does not matter whether the driver has a lawful prescription or not. Nor does it matter whether the meds are over-the-counter or not. Driving while under the influence of medicine …

Can My Nevada DUI Arrest Be Used Against Me in a Personal Injury Lawsuit?

There are many consequences if you drive drunk in Henderson, Nevada. You can be arrested, charged, and convicted of a Nevada DUI, of course, with the fines, loss of rights, and potential jail time that comes with it. But you can also seriously injure or kill someone else (which means you may be charged with …

Can I Be Charged with a North Las Vegas, Nevada DUI After I’ve Made It Home Safely?

If you get behind the wheel drunk in North Las Vegas, Nevada you are no doubt hoping you make it to your destination without an accident or without being pulled over by the police. When you get to where you’re going, get out of your car, and head inside, you may feel as if you’ve …